In the Matter of Roberto Ciaprazi v Glenn Goord As Commissioner of Correctional Services



In the Matter of Roberto Ciaprazi v Glenn Goord As Commissioner of Correctional Services
Motion No: 502933
Slip Opinion No: 2007 NYSlipOp 79501(U)
Decided on September 27, 2007
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: September 27, 2007

Case # 502933


In the Matter of ROBERTO
CIAPRAZI,Respondent,

v
GLENN GOORD, as Commissioner
of Correctional Services
et al.,
Appellants,
et al.,
Respondents.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motions and the papers filed in opposition to the motion to dismiss, it is

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve their record on appeal and brief on or before November 26, 2007, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived.
CARDONA, P.J., MERCURE, SPAIN, MUGGLIN and LAHTINEN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court